SENATE.

Proceedings.

JANUARY, 1800.

Ordered, That this bill pass to the third read

Tuesday, January 21. ing as amended.

Mr. Ross, from the committee to whom was Mr. Goodhue, from the committee to whom referred the bill, sent from the House of Representwas recommitted the bill, se from the House of atires, entitled " An act providing for the enumeraRepresentatives, entitled “ An act providing for tion of the inhabitants of the United States,” resalvage in cases of recapture," reported amend-ported amendments, which were read. ments, which were read. Ordered. That they be printed for the use of the Senate.

Ordered, That they be printed for the use of the Senate.

The bill for the relief of the legal representa

tives of Samuel Lapsley, deceased, was read the FRIDAY, January 17.

third time, and passed.. Mr. Tracy, from the committee to whom was referred the bill for the relief of the legal represent

WEDNESDAY, January 22. atives of Samuel Lapsley, deceased, reported Ordered, That Messrs. Goodice, Tracy, and amendments.

LAURANCE, be a committee to consider whether Ordered, That they be printed for the use of any, or what, compensation should be made to the Senate.

the members of the Senate and House of RepreThe bill, sent from the House of Representa-sentatives, in addition to what is at present allowtives, entitled "An act to repeal part of an act, enti ed by law, and report by bill or otherwise. tled " An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, ac

THURSDAY, January 23. cruing in certain cases therein mentioned," was read the third time.

Charles PINCKNEY, appointed a Senator by the Resolved, That this bill pass with amendments. State of South Carolina, produced his credentials,

was qualified, and took his seat in the Senate.

Ordered, That the Secretary deliver the letMONDAY, January 20.

ter from Governor St. Clair, addressed to the

Vice President, together with the resolution of The Senate took into consideration the amend the Legislature of the Territory North west of the ments reported by the committee to the bill, en- river Ohio, communicated on the 20th instant, to titled " An act providing for salvage in cases of Mr. Harrison, the representative of the Territory capture," and

in Congress. Ordered, That the bill and amendments be re- Mr. Anderson, from the committee appointed committed to the same committee, further to con- to consider the petition of Samuel Glass, and sider and report thereon.

others, also, the petition of Daniel Smith, reportThe following Message was received from the ed thereon; and the reports were severally read. PRESIDENT OF THE UNITED STATES:

Ordered, That they be printed for the use of Gentlemen of the Senate, and

the Senate. Gentlemen of the House of Representatives : The Senate took into consideration the amendIn obedience to law I transmit to Congress my an

ments reported by the committee to the bill, entinual account of the contingent fund.

tled “ An act providing for the enumeration of

JOHN ADAMS. the inhabitants of the United States," and, after UNITED STATES, January 20, 1800.

debate.

Ordered, That the further consideration thereof The Message and account were read, and order- be postponed. ed to lie on the table. The Senate tock into consideration the amend- PRESIDENT OF THE UNITED STATES :

The following Message was received from the ments reported by the committee to the bill for Gentlemen of the Senate, and the relief of the legal representatives of Samuel

Gentlemen of the House of Representatives : Lapsley, deceased; which were adopted.

I transmit to Congress, for the information of the mem. Ordered, That ihis bill pass to the third reading bers, a report of the Secretary of State, of the 9th instant, as amended.

a letter from Matthew Clarkson, Esq. to him, of the 2d, The Vice President communicated a letter from and a list of the claims adjusted by the commissioners Governor St. Clair, of the Territory Northwest of under the 21st article of our treaty with Spain. the Ohio, with a resolution of the Legislature of

JOHN ADAMS. the said Territory, instructing William H. Harri

United States, January 23, 1800. son, their Delegate in Congress, to apply for an act The Message and papers were read, and ordered of Congress to authorize the President of the Uni- to lie for consideration. ted States to grant to the said Legislature, in trust, Mr. PINCKNEY notified the Senate that he would, certain lots reserved for public use in the grant to in the course of the next week, or at some short day John C. Symmes, and also the lots reserved in the hereafter, move for leave to bring in a bill to esseven ranges of townships within the said Terri- tablish an uniform mode of drawing juries by lot tory; and the letter, together with the resolution, in all the Judicial Courts of the United States were read.

having juries. Ordered, That they lie on the table.

On motion, of Mr. Ross, that it be

JANUARY, 1800.

Proceedings.

SENATE.

Resolved, That a committee be appointed to con- a citizen of the United States, &c. The proceedsider whether any, and what, provisions ought to be ings in the election of a President may be defecmade by law for deciding disputed elections of President tive in all these particulars, and can it be supposed and Vice President of the United States, and for deter- that there is no way to correct them? The Conmining the legality or illegality of the votes given for stitution is not silent on this head; among the those officers in the different States:

pow

ers given to Congress in the 5th section is this, “to A motion was made to amend the motion by pass all laws necessary and proper for carrying into adding, and that the committee be authorized to execution the foregoing powers, and all other powreport by bill or otherwise."

ers vested by this Constitution in the Government Mr. Brown, of Kentucky, was of opinion that of the United States, or in any department or offithis was a subject on which Congress had no right cer thereof.” The law now proposed appears to to legislate. When the Constitution undertook to be necessary to carry into effect the power of apmake provisions on a subject, if they were found in- pointing the President; it is therefore clearly Concomplete, or defective, they must be remedied by stitutional. recommending an amendment to the Constitu- Mr. LIVERMORE, of New Hampshire, never felt tion. He wished the gentleman who had made less doubt on any subject than the one now under this motion would pay further attention to the sub- consideration: the Constitution has given many diject, and believed he would find that if anything rections as to the appointment of the President, was to be done it must be done by proposing an some of which he read. Is it possible (said Mr. L.) amendment to the Constitution.

that gentlemen can suppose all these may be vioMr. Ross said, that the Constitution had cer- lated and disregarded, and yet that it is nobody's tainly made no provision on this subject. It only business to interpose, and make provision to predirected that after the votes were received, &c., the vent it? He trusted the honorable Senate would President of the Senate should, in the presence of agree to the resolution to appoint a committee for the Senate and of the House of Representatives, that purpose. open the certificates, and the votes should be count- Mr. Baldwin, of Georgia, expressed his regret ed. Suppose, said he, persons should claim to be that the mover of this resolution had not thought Electors, who had never been properly appointed, proper to bring forward a subject so new and imshould their vote be received ? Suppose they poriant, in the form commonly used in parliamentashould vote for a person to be President who had ry assemblies, by a single proposition, viz: “that it is not the age required by the Constitution, or who expedient that further provision be made respecthad not been long enough a citizen of the United ing disputed votes for President and Vice PreStates, or for two persons who were both citizens sident of the United States." It was manifest from of the same State--such cases might happen and the debate that several different questions had been were very likely to happen, and is there no rem- under consideration at the same time, and differedy? What a situation would the country be in ent gentleman were in fact directing their remarks if such a case was to happen! He thought it their to different questions. duty to make provision for it, and he believed a law The first question was, the one he had just menwas sufficient.

tioned, whether there was so great a defect in the Mr. C. PINCKNEY, of South Carolina, thought it present provisions, which exist on this subject, as a very dangerous practice to endeavour to amend to render further provisions necessary ? the Constitution by making laws for the purpose. The second is, if further provisions are necesThe Constitution was a sacred deposite, put into sary, must they be made by amendment to the their hands; they ought to take great care not to Constitution ? or, violate or destroy the essential provisions made by Thirdly, whether they can be made by law ? that instrument. He remembered very well that He must say, for himself, that he did not agree in the Federal Convention great care was used to that the present provisions on this subject were so provide for the election of the President of the Uni- defective and absurd as had been represented. His ted States, independently of Congress; to take the general respect for those who had gone before him business as far as possible out of their hands. The in this House, and especially for the venerable asvotes are to be given by Electors appointed for that sembly of the most experienced statesmen of the express purpose, the Electors are to be appointed country by whom the Constitution had been formby each State, and the whole direction as to the ed, forbade him to entertain the belief that this submanner of their appointment is given to the State ject, which is the strong feature that characterizes Legislatures. Nothing was more clear to him than this as an Elective Government, could have been that Congress had no right to meddle with it at all; till now so entirely out of sight and neglected. as the whole was entrusted to the State Legisla- Gentlemen appeared to him, from their observatures, they must make provision for all questions tions, to forget that the Constitution in directing arising on the occasion.

Electors to be appointed throughout the United Mr. DEXTER, of Massachusetts, did not feel him- States equal to the whole number of the Senators self at all in doubt as to the right of the Legislature and Representatives in Congress, for the express to make such provisions on this subject as appear- purpose of entrusting this Constitutional branch of ed to be necessary. It was directed by the Consti- power to them, had provided for the existence of tution that a President should be appointed, that as respectable a body as Congress, and in whom he should be of not less than thirty-five years of the Constitution on this business has more confiage, that he should have been at least fourteen years . dence than in Congress. Experience had proved

SENATE.

Proceedings.

JANUARY, 1800.

to pass

that a more venerable selection of characters could them any more to the control of the other departnot be made in this country than usually com- ments of the Government. posed that elecioral body. And what are the ques- He observed further, on the other points to which tions which can arise on the subject entrusted to gentlemen had spoken, that if such radical and them to which they are incompetent, or to which important changes were to be made on this subject, Congress is so much more competent? The ques- as seemed to be in contemplation under this resotions which present themselves seem to be: lution, he thought they must be made by proposing 1. Those which relate to the elections, returns,

an amendment to the Constitution to that effect; and qualifications, of their own members. Shalí and that they could not be made by law, without these be taken away from that body, and submitted violating the Constitution. He did not agree with to the superior decision and control of Congress, the gentleman from Massachusetts, (Mr. DEXTER) without a particle of authority for it from the Con- that the clause at the close of the 8th section of stitution ?

the Constitution, which gives to Congress power

all laws 2. The legality or constitutionality of the dif- effect the foregoing powers of that section, and all

necessary

and

proper to carry into ferent steps of their own proceedings, as, whether other powers vested by the Constitution in the they vote for two persons both of the same State; Government of the United States, or in any dewhether they receive votes for a person under thirty-five years of age, or one who has not been partment or officer thereof, could be extended to

This case; that speaks of the use of the powers vestfourteen years a citizen of the United States &c; ed by the Constitution—this resolution relates to It is true they, as well as any other Constitutional the formation of a competent and essential part branch of this Governmentacting under that instru- of the Government itself that speaks of the movement, may be guilty of taking unconstitutional or corrupt steps, but they do it at their peril. Sup- this relates to the organization of the Executive

ments of the Government after it is organized; pose either of the other branches of the Govern- branch, and is therefore clearly a Constitutional ment, the Executive, or the Judiciary, or even Congress, should be guilty of taking steps which work, and to be done, if at all, in the manner pointare unconstitutional, to whom is it submitted, or cle of amendment to the Constitution on that sub

ed out by the Constitution, by proposing an artiwho has control over it, except by impeachment? The Constitution seems to have equal confidence ject. His own opinion, however, was, wbat he had in all the branches on their own proper ground,

before stated, that the provisions on this subject and for either to arrogate superiority, or a claim had been suggested were as safely left to the de

were already sufficient; that all the questions which to greater confidence, shows them in particular to cision of the assemblies of Electors, as of any body be unworthy of it, as it is in itself directly uncon- of men that could be devised; and that the memstitutional

bers of the Senate and of the House of Represen3. The authentication of their own acts. This tatives, when met together in one room, should would seem to be as complete in them, as in either receive the act of the Electors as they would the of the other branches of the Government. Their act of any other Constitutional branch of the Govown authentication of their act finishes the bu-ernment, to judge only of its authentication, and siness entrusted to them. It is true this must be then to proceed to count the votes, as directed in judged by persons who in second of carrying it into execution ; as in all laws and offi-thethe Furiher consideration of the subject was cial acts under this Government, they to whom

postponed. they are directed, and who are to be bound by them, must judge, and judge at their peril, whether they are duly autheniicated or whether they are only

FRIDAY, January 24. a forgery.

Mr. GOODHUE, from the committee to whom was If this be the just view of the subject, (and he recommitted the bill, sent from the House of Repcould see no other which did not involve inextri-resentatives, entitled " An act providing for salcable difficulties,) it leaves no possible question for vage in cases of recapture," reported further amendthe Senators and Representatives, when met to- ments. gether to count the votes agreeably to the Consti

Ordered, That they be printed for the use of tution, but to judge of the authentication of the

the Senate. act of the Electors, and then to proceed and count the votes as directed. If this body of the Electors

A message from the House of Representatives of all the States had been directed by the Consti- informed the Senate that the House have passed tution to assemble in one place, instead of being a bill, entitled “ An act to suspend in part an act, formed into different Electoral colleges, he took entitled ' An act to augment the Army of the Uniit for granted none of the questions on which this ted States, and for other purposes," also, a “Resresolution has been brought forward, would have olution authorizing and directing the Secretary of occurred; every one would have acknowledged that State to procure and transmit to the Governor of they were to be settled in that assembly. It having North Carolina a number of copies of the laws been deemed more safe by the Constitution to form of the United States;" in which bill and resoluthem into different Electoral colleges, to be assem- tion they desire the concurrence of the Senate. bled in the several States, does not at all alter the The bill last mentioned was read, and ordered nature or distinctness of their powers, or subject to the second reading,

2

mittee.

ment.

JANUARY, 1800.
Proceedings.

SENATE. The resolution last mentioned was read, and It was determined in the negative-yeas 12, ordered to be printed for the use of the Senate. nays 19, as follows:

The Senate resumed the consideration of the YEAS-Messrs. Baldwin, Brown, Chipman, Dexter, motion made yesterday, that a committee be ap- Foster, Hillhouse, Laurance, Paine, Read, Ross, Schurepointed to consider whether any, and what, pro- man, and Tracy. visions ought to be made by law for deciding dis- Nays—Messrs. Anderson, Bingham, Bloodworth, puted elections of President and Vice President of Cocke, Franklin, Goodhue, Greene, Gunn, Howard, ihe United States, and for determining the legality Langdon, Latimer, Livermore, Lloyd, Marshall, Mason, or illegality of the votes given for those officers in Nicholas, Pinckney, Watson, and Wells. the different States, and that the committee be

And it was agreed that the further consideration authorized to report by bill or otherwise; and the of the bill be postponed till to-morrow. motion as amended was adopted; and,

Ordered, That Messrs. Ross, LAURANCE, DEX-
TER, PINCKNEY, and LIVERMORE. be the com-

WEDNESDAY, January 29.
The Senate resumed the consideration of the

amendments reported by the committee to whom Monday, January 27.

was referred the bill

, entitled “ An act providing The bill, sent from the House of Representatives, ted States;" and having agreed to some of the

for the enumeration of the inhabitants of the Unientitled " An act 10 suspend in part an act, entitled amendments reported by the committee, together • An act to augment the Army of the United States, with sundry additional amendments, and for other purposes," was read the second time.

Ordered, That this bill be recommitted. Ordered. That it be referred to Messrs. Tracy, Gunn, and SCHUREMAN, to consider and report was referred the bill, sent from the House of Rep

Mr. LIVERMORE, from the committee to whom thereon to the Senate.

The Senate resumed the consideration of the resentatives, entitled "An act for the relief of amendments reported by the committee to the bill,

John Vaughan,” reported the bill without amendentitled “ An act providing for salvage in cases of recapture; and, after debate, Ordered, That the further consideration thereof

Thursday, January 30. be postponed

The Senate took into consideration the resolu- The Senate resumed the consideration of the tion sent from the House of Representatives, au- amendments reported by the committee to whom thorizing and directing the Secretary of State to was referred the bill, entitled " An act providing procure and transmit to the Governor of North for salvage in cases of recapture;” and, having Carolina copies of the laws of the United States; agreed thereto, and

Ordered. That this bill pass to the third reading Resolved, that they do concur in the resolution. as amended.

The Senate proceeded to consider the report of

the committee on the bill, entitled "An act for TUESDAY, January 28.

the relief of John Vaughan;" and, after debate,

adjourned. The Senate resumed the consideration of the ameodments reported by the committee to whom was referred the bill, entitled “ An act providing

FRIDAY, January 31. for the enumeration of the inhabitants of the Uni- The bill, sent from the House of Representatives, ted States;" and, the first amendment reported entitled “ An act providing for salvage, in cases of being amended, on motion to agree to the amend-recapture," was read the third time. ment, as follows:

Resolred, That this bill pass with an amendSec. I. Strike out lines 8, 9, 10, 11, 12, and to the ment. word “for" in the 13th line, and insert “ to take, or The Senate resumed the consideration of the cause to be taken the number and names of the free in- report of the committee on the bill, entitled “An habitants, (including those bound to service for a term act for the relief of John Vaughan;" and, after of years,) and the number of slaves within their respective debate, districts and territories; omitting, in such enumeration,

On motion, to agree to the third reading of the Indians not taxed, and designating the age, sex, and bill, it passed in the affirmative-yeas 16, nays 15, colour, of all free persons; also the profession, trade, or

as follows: occupation, in which every free male, above the age of twenty-one, is chiefly or principally employed, and the

YEAS—Messrs. Baldwin, Bingham, Bloodworth, Fosprofessions, trades, and occupations to which free males, ter, Franklin, Greene, Langdon, Latimer, Laurance, under twenty-one, are bound as apprentices; and, also, Lloyd, Nicholas, Pinckney, Read, Ross, Tracy, and

Wells. distinguishing those who were inhabitants of the Uni. ted States on the third day of September, one thousand

Nays-Messrs. Anderson, Brown, Chipman, Cocke, seven hundred and eighty-three, or born under the juris- Dexter, Goodhue, Gunn, Hillhouse, Howard, Liverdiction thereof afterwards, from those who have emigra- more, Marshall, Mason, Paine, Schureman, and Watson, ted since that time, according to the schedule herein So it was Resolved, That this bill pass to the contained :"

third reading 6th Con.-2

SENATE.

Drawing Juries by Lot.

JANUARY, 1800.

DRAWING JURIES BY LOT.

nature of our Government; that it is intended to Mr. PINCKNEY, agreeably to notice given on be ingrafted upon our judiciary, and remain as a the 23d instant, asked leave to bring in a bill to bulwark, constructed to resist all the storms of establish an uniform mode of drawing juries by power, of privilege, or of faction, that may herelot, in all the Courts of the United Staies; and, after assail it. It will be necessary, before we go leave being granted, the bill was read.

into an examination of the bill I intend to proOn motion to agree to the second reading of the duce, to state to you the defects of your jury sysbill, it passed in the affirmative-yeas 30, as fol- tem as it stands at present, and the danger and lows:

inconvenience it produces. YEAS-—Messrs. Anderson, Baldwin, Bingham, Blood- The introduction of juries was intended to serve worth, Brown, Chipman, Cocke, Dexter, Foster, Frank- as a barrier against tyranny, and to be the guar. lin, Goodhue, Greene, Gunn, Hillhouse, Howard, Lang- dian of the private rights and privileges of the don, Laurance, Livermore, Lloyd, Marshall

, Mason, people. Well and impartially selected, they are Nicholas, Paine, Pinckney, Read, Ross, Schureman, certainly the most complete defence against opTracy, Watson, and Wells.

pression, and the most certain means of producing On introducing the above bill, Mr. PINCKNEY impartial justice, that ever the ingenuity of manaddressed the Chair as follows:

kind could discover; this and the representative Mr. President: Agreeably to the notice I gave, I principle are unquestionably the greatest efforts rise to introduce a measure which appears to me of the human mind; and they are blessings unof the highest importance to this country; it is for known to the ancients, which I trust our counthe purpose of introducing a bill to establish an try will carry further and more completely into uniform mode of drawing juries by lot in the operation, and make them more a public blessing Courts of the United States. On this occasion it to our own than they have yet been to any nation. will be unnecessary for me to go into an exami- It is true we borrowed oúr jurisprudence from nation of the nature ard excellence of the trial England, but weak and lame indeed is the adminby jury, further than to remark, that we must all istration of justice in that country to what I hope consider a fair and impartial one as next in point it will be in this. While their judges are apof importance to an uncorrupt or unbiassed choice pointed by the Crown-some of them holding seats of the Legislature. On the integrity and impar- in Parliament, all of them constantly looking to tial decisions of our juries, depend not only the the Monarch for further honors and emoluments, lives and properties, but what is infinitely dearer and removable by an address of both Houses, which to freemen, their privileges, and characters. Your a Minister can always command—while their Legislature and your juries are the foundation juries are summoned at will by a sheriff, Heaven upon which your freedom must rest. The Con- forbid we should not exceed them in the purity stitution has declared our citizens shall always and impartiality of our judicials! As they first enjoy the benefit of both; but the particular modi- taught us the value and importance of an indefications under which the right of trial by jury pendent judiciary, we will in return transmit them shall be extended to them, depend upon the Le- our improvements and teach them by our example gislature. It is to endeavor to rectify what I con- to perfect their own; we will, too, I hope, be ihe ceive to be a fatal error on this subject, that I now means of extending it to other nations—for no address you-I do so in the most perfect confi- pride can certainly be a more honest one than dence that I shall be heard with that attention the that of wishing our country to take the lead. and importance of the subject is entitled to; that, on be an example to the world in everything that may one so interesting to every part of the community, tend to their freedom and happiness

. gentlemen will leave themselves open to convic- One great defect in our present jury system is, tion ; that the principles and best mode of estab- that it introduces an inequality in the proceedings lishing impartial justice will be sought for, and of our courts. In some districts the juries are that, when discovered, they will be suffered to drawn by lot in one mode, and in other districts prevail.

drawn in a different one; in many they are not I will begin by expressing my astonishment drawn by lot at all, but summoned at the will of that in framing the law for establishing the Judi- the marshal; whereas in courts emanating from cial Courts of the United States, its forms did not the same authority, held by the same judges, and adonly establish one uniform mode, but that in doing ministering the same laws, there should be an uniso, they did not without hesitation give the pre- formity in all the proceedings. Another is, that the ference to the drawing jurors by lot-a mode long districts or portions of territory out of which the in use in several of the States, where the excel- juries are to be drawn, are not precisely fixed; lent effects it has produced has proved it to be in- but, in many instances, perhaps in all, it is left to contestably the best that has ever been devised, for the clerk and marshal to draw or summon them producing complete and impartial justice. This as they please ; whereas the boundaries of the being the great object of our judiciary, I hope the counties or districts from which they are to be House will upon the present occasion throw all drawn, ought to be so fixed as to leave no discretion party views and opinions out of the question ; that on this subject to the officers of the court, and they will recollect it is not for the present moment, while a sufficient number of jurors are secured to or to answer any temporary purposes, this regu-. answer the end, to prevent them being drawn at lation is intended; that it is one springing from such distances as would probably produce inconthe habits and opinions of our citizens, and the venience or delay, or in many instances inevitable

a